How Long Do You Have to File a Claim for a Truck Accident?

Truck accidents can lead to serious injuries, costly medical bills, and long-term financial burdens. If you’ve been injured in a truck accident in Chicago, you may be wondering how long you have to file a claim.

Illinois law sets strict deadlines for pursuing compensation, and missing these deadlines could prevent you from recovering damages.

Understanding the legal timeline and the steps you should take after a truck accident can help you protect your rights and ensure that you receive fair compensation.

How Long Do You Have to File a Truck Accident Lawsuit in Illinois?

In Illinois, the statute of limitations for filing a personal injury lawsuit after a truck accident is two years from the date of the accident. This means you must file a lawsuit within this time frame, or you may lose your right to pursue compensation for medical expenses, lost wages, and other damages.

If the truck accident resulted in property damage only, you have five years from the date of the crash to file a claim for vehicle repairs or replacement.

Are There Exceptions to the Filing Deadline?

While the two-year statute of limitations applies in most truck accident cases, certain exceptions may extend or modify this deadline.

If the Accident Involves a Minor

If the injured party was under 18 years old at the time of the accident, the statute of limitations does not begin until their 18th birthday. This means they have until their 20th birthday to file a lawsuit.

If the Victim Is Incapacitated

If the truck accident left the victim physically or mentally incapacitated, the statute of limitations may be extended until they are able to take legal action.

If the At-Fault Party Leaves the State

If the truck driver or trucking company responsible for the accident leaves Illinois before a claim is filed, the statute of limitations may be paused until they return to the state.

Wrongful Death Claims

If a truck accident results in a fatality, the deceased’s family has two years from the date of death to file a wrongful death lawsuit. This timeline may differ from the date of the accident if the victim initially survived but later succumbed to their injuries.

What Happens If You Miss the Deadline?

If you fail to file a claim before the statute of limitations expires, your case will likely be dismissed. Even if you have strong evidence, the court may refuse to hear your claim, leaving you without legal options.

Additionally, insurance companies track these deadlines. If they know that the statute of limitations has expired, they will refuse to negotiate a settlement because they know you no longer have the option of filing a lawsuit.

When Should You Contact a Lawyer After a Truck Accident?

Although you have up to two years to file a lawsuit, it is best to contact a truck accident lawyer as soon as possible. The longer you wait, the harder it may be to gather crucial evidence such as witness statements, surveillance footage, and trucking company records.

By contacting an attorney early, you can:

• Ensure that important evidence is preserved.
• Obtain medical documentation to support your injury claim.
• Begin negotiations with the trucking company’s insurance provider.
• Avoid missing important deadlines.

How Long Does It Take to Settle a Truck Accident Claim?

The timeline for resolving a truck accident case varies depending on several factors, including:

• The severity of injuries and medical treatment required.
• Whether liability is disputed by the trucking company or insurance provider.
• The availability of evidence such as black box data and accident reports.
• The complexity of the case and whether it goes to trial.

Some truck accident cases settle within a few months, while others may take over a year if litigation is necessary. A lawyer can help expedite the process by handling negotiations and legal filings on your behalf.

What Compensation Can You Recover After a Truck Accident?

If you file a claim within the statute of limitations, you may be able to recover compensation for:

• Medical expenses, including hospital bills, rehabilitation, and ongoing treatment.
• Lost wages if your injuries prevent you from working.
• Pain and suffering for physical pain, emotional distress, and reduced quality of life.
• Property damage, including repairs or replacement of your vehicle.
• Future medical costs for long-term or permanent injuries.
• Wrongful death damages for families who lost a loved one in a truck accident.

The value of your case depends on factors such as the severity of injuries, the impact on your daily life, and the available insurance coverage.

How Does the Statute of Limitations Affect Insurance Claims?

While the statute of limitations applies to lawsuits, it also affects insurance claims. Most insurance companies have their own deadlines for reporting accidents and filing claims.

Failing to notify the insurance company in a timely manner could result in a denied claim. Even if you are still negotiating with the insurance company, you must file a lawsuit before the statute of limitations expires to preserve your right to compensation.

What If Multiple Parties Are Involved in the Accident?

Truck accident claims are often more complex than regular car accident claims because multiple parties may share liability. Depending on the circumstances of the crash, responsible parties may include:

• The truck driver if they were speeding, fatigued, or distracted.
• The trucking company if they failed to train or supervise the driver properly.
• The truck manufacturer if a mechanical defect contributed to the crash.
• The cargo loading company if improperly loaded freight caused the accident.

If multiple parties are involved, the statute of limitations may still apply, but different legal strategies may be needed to pursue compensation from each responsible entity.

What If the Trucking Company Tries to Avoid Liability?

Trucking companies and their insurers often try to avoid responsibility for accidents by:

• Claiming the driver was an independent contractor, not an employee.
• Destroying or altering critical evidence, such as black box data.
• Blaming the victim for the accident.
• Offering low settlements to avoid a lawsuit.

A lawyer can help counter these tactics and ensure that you receive fair compensation.

What Are the First Steps to Take After a Truck Accident?

Taking immediate action after a truck accident can improve your chances of recovering compensation.

1. Call 911 and report the accident to law enforcement. A police report can provide key evidence.
2. Seek medical attention even if you don’t feel injured. Some injuries may take time to develop.
3. Collect evidence, including photos of the crash scene, vehicle damage, and your injuries.
4. Obtain witness statements and their contact information.
5. Request a copy of the truck accident report from the police.
6. Contact a truck accident lawyer to begin the legal process and avoid missing important deadlines.

How Long Do You Have to File a Claim If the Truck Was a Government Vehicle?

If the truck involved in the accident was owned or operated by a government agency—such as a municipal utility truck, postal service vehicle, or a state-owned semi-truck—different filing deadlines may apply.

In Illinois, claims against the government must follow strict notice requirements:

• You may be required to file a formal notice of claim within one year of the accident.
• The lawsuit itself must generally be filed within two years, but some government agencies have shorter deadlines.

If your accident involved a government-operated truck, speaking with an attorney as soon as possible is critical to ensure that all legal deadlines are met.

What If the Trucking Company Declares Bankruptcy Before You File?

Trucking companies sometimes declare bankruptcy after facing legal claims, making it difficult for accident victims to recover compensation. If this happens:

• Your claim may become part of the bankruptcy proceedings, meaning you may only receive partial compensation.
• You may need to pursue claims against the trucking company’s insurance policy rather than the company itself.
• If multiple parties were responsible for the accident, you may still be able to sue other liable entities, such as cargo companies or vehicle manufacturers.

Because these cases involve complex legal and financial issues, working with a lawyer can help you explore all available options.

How Long Do You Have to File a Claim If the Truck Was Carrying Hazardous Materials?

Truck accidents involving hazardous materials (HAZMAT) can lead to severe injuries and environmental damage. These cases often involve additional regulations and investigation requirements, which can impact your claim timeline.

• If hazardous materials cause burn injuries, toxic exposure, or long-term health conditions, your legal claim may be more complex.
• Environmental agencies may conduct investigations, which can extend the legal process.
• In some cases, the manufacturer of the hazardous materials may also be liable for damages.

Filing your claim as early as possible ensures that crucial evidence is preserved and that regulatory investigations do not delay your right to seek compensation.

What If the Truck Driver Was Under the Influence of Drugs or Alcohol?

If a truck driver was driving under the influence (DUI) at the time of the accident, this can have a significant impact on your case:

• You may be able to seek punitive damages, which go beyond compensatory damages and are meant to punish reckless behavior.
• The trucking company may be held liable if they failed to conduct proper background checks or drug testing on their drivers.
• Criminal charges against the driver may delay civil lawsuits, but they can also strengthen your injury claim by proving negligence.

Even if DUI charges are pending against the truck driver, you still have two years to file a lawsuit, so it’s important to begin the legal process early.

Can Filing a Claim Take Longer If You Suffer a Catastrophic Injury?

Truck accidents often result in catastrophic injuries that require extensive medical treatment, including:

• Traumatic brain injuries (TBI)
• Spinal cord injuries and paralysis
• Amputations
• Severe burns and disfigurement

Because these injuries can lead to lifelong medical expenses and disabilities, your attorney may need extra time to:

• Work with medical experts to estimate future care costs.
• Calculate lost earning potential if you can no longer work.
• Negotiate for a settlement that fully accounts for long-term damages.

Although you still have two years to file, these cases often require more preparation, making it essential to seek legal help as soon as possible.

What If the Trucking Company Tries to Hide Evidence?

Trucking companies often try to limit their liability by hiding or destroying key evidence after an accident. Evidence that may disappear if you wait too long to file a claim includes:

• Electronic logging device (ELD) data that tracks the driver’s hours on the road.
• Truck maintenance records that show whether the vehicle was in proper working condition.
• Dashcam footage from the truck’s internal recording system.

Because trucking companies are only required to keep certain records for a limited time, delaying your claim could allow crucial evidence to be lost or destroyed. Filing a claim early helps your attorney send legal demands (called spoliation letters) to preserve this evidence.

How Does Filing a Lawsuit Help If the Insurance Company Delays Your Claim?

Insurance companies often delay or deny claims in hopes that victims will accept low settlements or give up on their case. If you file an insurance claim but the company drags its feet, filing a lawsuit within the two-year deadline can:

• Pressure the insurance company to take your claim seriously.
• Allow you to use the court system to force the company to release information.
• Prevent the insurance company from running out the clock on your claim.

Even if your case does not go to trial, filing a lawsuit before the statute of limitations expires can help you negotiate a better settlement.

How Can a Lawyer Help If You’re Unsure About Your Deadline?

Truck accident claims are more complex than regular car accident cases because they involve federal trucking regulations, multiple liable parties, and commercial insurance policies. If you’re unsure about how long you have to file a claim, an attorney can:

• Review your case to determine the exact filing deadline based on your situation.
• Gather evidence before it is lost, including trucking company records.
• Handle negotiations with insurance companies while ensuring your lawsuit is filed on time.

Taking legal action sooner rather than later can prevent unnecessary delays and improve your chances of securing full compensation.

What If the Accident Involved a Truck Owned by a Large Corporation?

If the truck that caused the accident was owned by a major corporation, such as Amazon, FedEx, or UPS, filing a claim can take longer due to corporate legal teams and extensive insurance policies.

Large companies often:

• Have multiple layers of insurance coverage, which complicates claims.
• Use corporate legal teams to minimize payouts.
• Delay claims by requiring excessive documentation from victims.

If your accident involved a commercial truck owned by a major company, filing a claim early can help prevent legal roadblocks and give you a stronger case.

Contact a Chicago Truck Accident Lawyer Today

If you or a loved one was injured in a truck accident, do not wait until the statute of limitations is close to expiring. The sooner you seek legal guidance, the better your chances of building a strong case and securing fair compensation.

At Walner Law, we help truck accident victims in Chicago navigate the legal process and fight for the compensation they deserve. Our team is ready to review your case and ensure that all legal deadlines are met.

Call (312) 410-8496 today for a free consultation with a Chicago truck accident lawyer.